Trade and Commercial Law Assessment - Honduras - Economic ...

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TRADE AND COMMERCIAL LAW ASSESSMENT DECEMBER 2004 HONDURAS VII. COMMERCIAL DISPUTE RESOLUTION A. INTRODUCTION As in other Central American countries, in Honduras the process of commercial dispute resolution is hampered by the judiciary, out-of-date laws, and a lack of use and understanding of alternative methods of dispute resolution. B. LEGAL FRAMEWORK The Courts 1. The Constitution The Judicial Power, addressed in Article 303-320 of the Constitution, provides for a Supreme Court of Justice, courts of appeal, and other courts established by law. A change in the Constitution increased the number of judges on the Supreme Court from 9 to 15 and their terms from 4 to 7 years. 80 However, as before, the judges of the Supreme Court are elected by the National Congress, a unicameral body. The Constitution formally provides for separation of powers (Article 4), an independent judiciary (Articles 303 and 304), and judicial review (Articles 313 and 319). As discussed below, however, the independence of the judiciary is not effectively institutionalized. 2. Legislation a. Organization of the Courts The operation of the courts is governed by the Law on the Organization and Powers of the Courts, Ley de Organización y Atribuciones de los Tribunales (LOAT), which took effect in 1906. This law establishes the powers of small claims judges, civil law judges, appellate court judges, and Supreme Court justices. It also establishes the requirements that must be met by those who will be appointed as small claims judges or civil law judges or elected as senior judges. LOAT provides the legal framework under which all courts in Honduras operate. It establishes, not only the duties of the judges and senior judges, but also the authority of and limitations applicable to the other judicial officials. It also establishes the jurisdiction of the courts. With regard to salary raises, promotions, and job security, they are subject to the Law on Judicial Career. 1) Small claims courts Every municipal seat whose jurisdiction does not exceed 4,000 inhabitants will have one regular small claims judge and one alternate. Departmental seats, or municipios, with populations 80 The current number of judges and term of years is taken from the local reporter. The earlier number of judges and term of years is found in Articles 304 and 305 of the Constitution of the Republic of Honduras 1982, Decree No. 131 of January 11, 1982 as amended to Decree No. -91 of January 30, 1991. Constitutions of the World (N.Y.; Oceana Pub., 1997). VII-1
TRADE AND COMMERCIAL LAW ASSESSMENT DECEMBER 2004 HONDURAS exceeding 4,000 will have two regular judges and two alternates. Small claims judges will hear, in the first instance, civil suits in oral proceedings, if the object of the complaint does not exceed 49,999 lempiras (at present, approximately US$2,700). They can also exercise voluntary and contentious jurisdiction in cases where the laws expressly authorize them to do so. 81 2) Trial courts Each departmental or divisional seat has one or more trial courts. The professionally qualified judges will hear, in the first instance, civil suits, if the object of the complaint exceeds 50,000 lempiras. They will hear, in the second instance, matters heard in the first instance by the small claims judges. The trial courts for civil matters include at least one judge assigned to the court, one clerk, one or more process servers, and one or more typists, depending on workload. 3) Courts of Appeal The courts of appeal consist of three senior judges, presided over by a chief judge, who is one of the regular members. The chief judge serves in that capacity for 1 year, starting January 1, and the judges rotate into the position on order of seniority. There are six courts of appeals in Honduras. They hear, in the first instance, complaints and accusations against professionally qualified judges in order to enforce, civilly or criminally, their official responsibilities. They will hear, in the second instance, appeals from civil matters, heard in the first instance by the professionally qualified judges. 4) The Supreme Court The Supreme Court has four divisions: Labor, Constitutional, Civil, and Criminal. It exercises the following authorities: ♦ Hearing cases involving offenses committed by members of the judiciary in the course of the administration of justice and ordinary offenses of high-ranking state officials when the Congress has declared that there is a basis for initiation of a criminal complaint ♦ Authorizing notaries to practice their profession ♦ Hearing motions to vacate in accordance with law ♦ Hearing amparo appeals and appeals for judicial review in accordance with law ♦ Appointing the senior judges of the courts of appeals and the departmental and divisional professionally qualified judges ♦ Hearing cases involving prisoners or extradition and other cases that must be tried in accordance with international law ♦ Granting petitioners written approval to use a license or privilege and declaring the authenticity of the judicial and notarial documents that come from abroad for application in the Republic and vice versa 81 Drawn from the report of the local reporter, discussing pertinent part of the current Code of Civil Procedure (1906). VII-2
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